| 英文摘要 |
The amended regulations of crime gains confiscation not only broke away from the previous shackles of “accessory punishments” but also extended its application scope to the gains of third party, which should be highly recognized. However, the legislative explanation of Art. 38-1, Para.2 of Criminal Code, which said “the illegal behavior...doesn’t necessarily require convictions or proven guilty”, remains confusing. Is it similar to the extended crime gains confiscation under the German Criminal Code? From the author’s point of view, the legislative explanation is either unnecessary or an error since it is irrelevant to the extended crime gains confiscation. Therefore, our amended regulations of crime gains confiscation still lack the extended crime gains confiscation under German law and require further efforts.
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